In this case the Delhi High Court set aside an order of the Controller of Patents refusing a patent application based on a ground not raised in the hearing notice. The refusal order was set aside as it lacked proper reasoning as required for inventive step analysis. Continue Reading Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court
In this case the Delhi High Court set aside an order of the Controller of Patents refusing a patent application. The refusal order was set aside as it lacked proper reasoning as required for inventive step analysis. Continue Reading Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.
Delhi High Court reviewed whether new objections can be raised at the hearing stage of a Patent Application. The Court examined the claims and the refusal order, from the purview of Principles of Natural Justice. Continue Reading Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court
Delhi High Court refers the question of filing jurisdiction for trademark rectification petitions to a larger bench, seeking clarity on whether it’s limited to the trademark office’s jurisdiction or any High Court. Continue Reading Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench
The Delhi High Court restrains Festival House Immersive from using ‘Candlelight’ for concerts, in a notable trademark case filed by Fever Labs, a global live entertainment platform. Continue Reading Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court
The Delhi High Court rules a ₹1 Lakh deposit for Sangeet and Cocktail party music, impacting wedding event licensing. This decision addresses copyright laws and sets a precedent for music usage at private functions, highlighting the legalities of playing copyrighted music and the necessity for obtaining proper licenses. Continue Reading Copyrighted Music in Wedding functions: Court orders deposit for Sangeet and Cocktail Parties
This post highlights recent decisions by the High Court of Delhi and Himachal Pradesh on intellectual property rights, focusing on trademark and patent infringement cases. The cases involve disputes over whisky label similarities, fertilizer patent claims, and the contentious use of a registered trademark.
Care Notes
Officer's Choice Vs. Peace Maker Prestige Whisky: The Delhi High Court injuncts the use of a similar label.
In a case involving the labels of Officer's Choice and Peace Maker for whisky, the Delhi High…
Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court
In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…
In this post, we bring to you 4 trademark cases where injunctions were granted in favour of trademark owners. The cases relate to popular brands such as Nykaa, Social, A to Z, and Burger King.
Nykaa Vs. Oykaa for Cosmetics: Delhi High Court grants exparte injunction restraining Oykaa.
In a case involving the trademarks Nykaa and Oykaa for cosmetics, healthcare, personal care, and wellness products, the Delhi High Court granted an exparte injunction restraining the use of Oykaa. The Court stated…
Indiamart is prima facie infringing Puma’s trademark, and it cannot claim intermediary safe harbour as its actions do not amount to the requisite due diligence required under the intermediary guidelines, says the Delhi High Court. Continue Reading Indiamart cannot claim Intermediary Status, says Delhi High Court